repaired by and at the expense of any county or part of a county, then and in such case all highways leading to, passing over, and next adjoining to such bridge shall be from time to time repaired by the parish, person, or body politic or corporate, or trustees of a turnpike road who were by law before the erection of the said bridge bound to repair the said highways: provided, nevertheless, that nothing herein contained shall extend or be construed to extend to exonerate or discharge any county or any part of any county from repairing or keeping in repair the walls, banks, or fences of the raised causeways, and raised approaches to any such bridge or the land arches thereof (z).

By section 5 of the same Act, the word "highway highway" shall be understood to mean all roads, bridges (not being county bridges), carriage ways, cart ways, horse ways, bridle ways, foot ways, causeways, church ways, and pavements; and by section 22, it is enacted that the several powers and authorities hereby vested in the surveyor of highways, as well for the getting of materials. as the preventing and removing of all nuisances and annoyances, shall be and the same are hereby vested in the surveyor of county bridges, and the roads at the ends thereof repairable therewith; and the several penalties, forfeitures, matters, and things in this Act contained relating to highways shall be and the same are hereby extended and applied, as far as the same are applicable, to such bridges, and the roads at the ends. thereof as aforesaid, the said surveyor or surveyors of county bridges making satisfaction and compensation for all trespass and damage done in the execution of the powers of this Act, in such and the same manner as the surveyors of highways are required to make under the provisions of this Act (a).

in a substantial and commodious manner, under the direction or to the satisfaction of the county surveyor, or persons appointed by the justices of the peace at the general quarter sessions assembled, or by the justices of the peace of the county of Lancaster at their annual general sessions; see Rex v. Derby, 3 B. & A. 147; 37 R. R. 370; Rer v. Lancashire, 2 B. & A. 813; 36 R. R. 753; Rer v. Devon, 2 N. & M. 212; 39 R. R. 507; Reg. v. Gloucester, Car. & M. 516; Reg. v. Southampton, 18 Q. B. 841.

Section 6 regulates the orders, &c., respecting county bridges in the county of York, and

Section 7 provides that the Act shall not extend to bridges repaired by reason of tenure or by prescription.

Other enactments are:-22 Car. 2. c. 12, s. 2; The Bridges Act, 1812 (52 Geo. 3. c. 110); The Bridges Act, 1814 (54 Geo. 3. c. 90); The Bridges Act, 1815 (55 Geo. 3. c. 143). See Glen's Law relating to Highways, and the Law of Highways by Pratt & Mackenzie, 15th ed. (1905).

(z) See, too, Stephen's Blackstone, vol. iii. p. 243.

,,

(a) As to what is a "drain or watercourse under the Act, see Croft v. Rickmansworth Highway Board, 39 Ch. D. 272; 58 L. J. Ch. 14; Att.-Gen. and Bromley Rural Council v. Copeland, [1902] 1 K. B. 694; 71 L. J. K. B. 472; 86 L. T. 486, ante, p. 270. A highway authority has no right to construct, or maintain if previously constructed, a dumb well" on private lands

33 & 34 Vict. c. 73, s. 12.

38 & 39 Vict. c. 55.

56 & 57 Vict. c. 73.

40 & 41 Vict. c. 14.

Section 33 of The Malicious Damage Act, 1861 (24 & 25 Vict. c. 97) enacts that—“ Whosoever shall unlawfully and maliciously pull or throw down or in anywise destroy any bridge (whether over any stream of water or not), or any viaduct or aqueduct, over or under which bridge, viaduct or aqueduct, any highway, railway, or canal shall pass, or do any injury with intent and so as thereby to render such bridge, viaduct, or aqueduct, or the highway, railway, or canal passing over or under the same, or any part thereof, dangerous or impassable, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life; or to be imprisoned; and if a male under the age of sixteen years, with or without whipping" (b).

·

By section 12 of The Annual Turnpike Continuance Act, 1870 (33 & 34 Vict. c. 73), it is provided that where a turnpike road shall become an ordinary highway, all bridges which were previously repaired by the trustees of such turnpike road shall become county bridges, and shall be kept in repair accordingly. Provided, however, that, for the purposes of this Act, such bridges shall be treated as if they were bridges built subsequently to the passing of the Highways Act, 1835.

The powers of surveyors of highways and of vestries under the last-named Act were vested in the urban authorities by the Public Health Act, 1875, who were also empowered to construct or adopt public bridges, &c., over canals and railways and by agreement with the proprietor (sections 144-148). These powers are now, however, transferred to rural district councils by section 25 of the Local Government Act, 1894, which declares such councils to be the successors of the rural sanitary authority and highway authority and also to exercise all powers, duties and liabilities of an urban sanitary authority under sections 144-148 of 38 & 39 Vict. c. 55.

It should be noted that by section 1 of The Evidence Act, 1877 (40 & 41 Vict. c. 14), it is enacted that on the trial of any indictment or other proceeding for the non-repair of any public highway or bridge, or for a nuisance to any public highway, river, or bridge, and of any other indictment or proceeding instituted for the purpose of trying or enforcing a civil right only, every defendant to such indictment or proceeding, and the wife or

adjoining the highway as part of its drainage system, although the use of dumb wells may be a recognised mode of drainage in the district: Croft v. Rickmansworth Highway Board, supra.

(b) Cf. sections 58, 73, and 54 & 55 Vict. c. 69, s. 1. If acts of this kind cause death the offender is indictable for murder or manslaughter according to the amount of premeditation; and if done with murderous intent, even if they fail, they are indictable under 24 & 25 Vict. c. 100, s. 15 (Offences against the Person Act, 1861).

husband of any such defendant, shall be admissible witnesses, and compellable to give evidence.

c. 77.

Section 21 of The Highways and Locomotives Amendment 41 & 42 Vict. Act, 1878 (41 & 42 Vict. c. 77) provides that certain existing bridges may be accepted by county authorities, and by section 22, contributions out of county rates towards erecting bridges may be made by the county authorities in accordance with the provisions of section 5 of 34 Geo. 3. c. 59. .

c. 14.

The South Wales Bridge Act, 1881 (44 & 45 Vict. c. 14), makes 44 & 45 Vict. certain bridges county bridges, and the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50) gives borough councils powers to c. 50. maintain bridges in or partly in the borough.

45 & 46 Vict.

Section 3 (viii.) of the Local Government Act, 1888, transfers 51 & 52 Vict. to the county councils the functions previously exercised by the c. 41. justices in quarter sessions with respect to bridges and 1oads repairable with bridges (c), and any powers vested by the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77), in the county authority"; and they are empowered by section 6 to purchase (d), or take over on terms to be agreed on "existing bridges not being at present county bridges, and to erect new bridges, and to maintain, repair, and improve any bridges so purchased, taken over, or erected." By section 11 (1) the entire maintenance of every main road within the meaning of the Highways and Locomotives (Amendment) Act, 1878 (section 20 of which is, by sub-section 13, to apply as if enacted in the Act), inclusive of every bridge carrying such road if repairable by the highway authority, is vested in the council of the county in which the road is situate, which is to have the same powers for the purposes of such maintenance and to be subject to the same duties as a highway board, and may also exercise any powers vested in the council for the maintenance and repair of bridges, and the enactments relating to highways and bridges shall apply accordingly. The Highways and Bridges Act, 1891 54 & 55 Viet. (54 & 55 Vict. c. 63), empowers county councils to make and carry into effect agreements with highway authorities and the councils of adjoining counties in relation to the construction, reconstruction, alteration, or improvement, or freeing from tolls. of any main road or other highway, or of any bridge (including the

(c) As to the Transfer of Bridges under the Crown Lands Act, 1906 (6 Edw. 7. c. 28), s. 6, sub-s. 1, see ante, p. 25, n. (d).

(d) The quarter sessions boroughs included in section 35 of the Local Government Act, 1888, are not liable to contribute to the cost of maintaining or erecting county bridges which have been purchased, taken over, or erected by the county council under section 6 of the Act. Such expenses are special and not general" county purposes within the meaning of section 68 of the Act: Bury St. Edmunds Corporation v. West Suffolk County Council, 67 L. J. Q. B. 750; [1898] 2 Q. B. 246; 78 L. T. 624.

་་

c. 63.

33 & 34 Vict. c. 73, s. 12.

c. 55.

Section 33 of The Malicious Damage Act, 1861 (24 & 25 Vict. c. 97) enacts that-" Whosoever shall unlawfully and maliciously pull or throw down or in anywise destroy any bridge (whether over any stream of water or not), or any viaduct or aqueduct, over or under which bridge, viaduct or aqueduct, any highway, railway, or canal shall pass, or do any injury with intent and so as thereby to render such bridge, viaduct, or aqueduct, or the highway, railway, or canal passing over or under the same, or any part thereof, dangerous or impassable, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life; or to be imprisoned; and if a male under the age of sixteen years, with or without whipping" (b).

By section 12 of The Annual Turnpike Continuance Act, 1870 (33 & 34 Vict. c. 73), it is provided that where a turnpike road shall become an ordinary highway, all bridges which were previously repaired by the trustees of such turnpike road shall become ecunty bridges, and shall be kept in repair accordingly. Provided, however, that, for the purposes of this Act, such bridges shall be treated as if they were bridges built subsequently to the passing of the Highways Act, 1835.

The powers of surveyors of highways and of vestries under the last-named Act were vested in the urban authorities by the 38 & 39 Vict. Public Health Act, 1875, who were also empowered to construct or adopt public bridges, &c., over canals and railways and by agreement with the proprietor (sections 144-148). These powers are now, however, transferred to rural district councils by section 25 of the Local Government Act, 1894, which declares such councils to be the successors of the rural sanitary authority and highway authority and also to exercise all powers, duties and liabilities of an urban sanitary authority under sections 144-148 of 38 & 39 Vict. c. 55.

56 & 57 Vict. c. 73.

40 & 41 Vict. c. 14.

It should be noted that by section 1 of The Evidence Act, 1877 (40 & 41 Vict. c. 14), it is enacted that on the trial of any indictment or other proceeding for the non-repair of any public highway or bridge, or for a nuisance to any public highway, river, or bridge, and of any other indictment or proceeding instituted for the purpose of trying or enforcing a civil right only, every defendant to such indictment or proceeding, and the wife or

adjoining the highway as part of its drainage system, although the use of dumb wells may be a recognised mode of drainage in the district: Croft v. Rickmansworth Highway Board, supra.

(b) Cf. sections 58, 73, and 54 & 55 Vict. c. 69, s. 1. If acts of this kind cause death the offender is indictable for murder or manslaughter according to the amount of premeditation; and if done with murderous intent, even if they fail, they are indictable under 24 & 25 Vict. c. 100, s. 15 (Offences against the Person Act, 1861).

husband of any such defendant, shall be admissible witnesses, and compellable to give evidence.

c. 77.

Section 21 of The Highways and Locomotives Amendment 41 & 42 Vict. Act, 1878 (41 & 42 Vict. c. 77) provides that certain existing bridges may be accepted by county authorities, and by section 22, contributions out of county rates towards erecting bridges may be made by the county authorities in accordance with the provisions of section 5 of 34 Geo. 3. c. 59.

c. 14.

The South Wales Bridge Act, 1881 (44 & 45 Vict. c. 14), makes 44 & 45 Vict. certain bridges county bridges, and the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50) gives borough councils powers to c. 50. maintain bridges in or partly in the borough.

45 & 46 Vict.

Section 3 (viii.) of the Local Government Act, 1888, transfers 51 & 52 Vict. to the county councils the functions previously exercised by the c. 41. justices in quarter sessions with respect to bridges and 10ads repairable with bridges (c), and any powers vested by the Highways and Locomotives (Amendment) Act, 1878 (41 & 42 Vict. c. 77), in the county authority"; and they are empowered by section 6 to purchase (d), or take over on terms to be agreed on "existing bridges not being at present county bridges, and to erect new bridges, and to maintain, repair, and improve any bridges so purchased, taken over, or erected." By section 11 (1) the entire maintenance of every main road within the meaning of the Highways and Locomotives (Amendment) Act, 1878 (section 20 of which is, by sub-section 13, to apply as if enacted in the Act), inclusive of every bridge carrying such road if repairable by the highway authority, is vested in the council of the county in which the road is situate, which is to have the same powers for the purposes of such maintenance and to be subject to the same duties as a highway board, and may also exercise any powers vested in the council for the maintenance and repair of bridges, and the enactments relating to highways and bridges shall apply accordingly. The Highways and Bridges Act, 1891 54 & 55 Vict. (54 & 55 Vict. c. 63), empowers county councils to make and carry into effect agreements with highway authorities and the councils of adjoining counties in relation to the construction, reconstruction, alteration, or improvement, or freeing from tolls. of any main road or other highway, or of any bridge (including the

(e) As to the Transfer of Bridges under the Crown Lands Act, 1906 (6 Edw. 7. c. 28), s. 6, sub-s. 1, see ante, p. 25, n. (d).

(d) The quarter sessions boroughs included in section 35 of the Local Government Act, 1888, are not liable to contribute to the cost of maintaining or erecting county bridges which have been purchased, taken over, or erected by the county council under section 6 of the Act. Such expenses are I special" and not general county purposes within the meaning of section 6S of the Act: Bury St. Edmunds Corporation v. West Suffolk County Council, 67 L. J. Q. B. 750; [1898] 2 Q. B. 246; 78 L. T. 624.

c. 63.